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Report No. 209

3. Recommendation

3.1 It is thus seen that there is discrimination and no uniformity in respect of wills made by Hindus, Buddhists, Sikhs, Jainas or Parsis, where the will is made within the territories of the ordinary original civil jurisdiction of the High Courts of Judicature at Calcutta, Madras and Bombay and where such wills are made outside those territories, insofar as they relate to immovable properties situate within those territories.

Therefore, section 213 of the Indian Succession Act, 1925 is liable to be struck down as being violative of Article 15 of the Constitution of India. Hence, the Commission proposes repeal of section 213 altogether from the statute.

3.2 We recommend accordingly.

Proposal for omission of Section 213 from the Indian Succession Act, 1925 Back

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